Bill C-387
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-387 |
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An Act to amend the Criminal Code (bail for
those charged with violent offences)
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| R.S., c. C-46
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1. The portion of subsection 145(3) of the
Criminal Code before paragraph (a) is
replaced by the following:
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| Failure to
comply with
condition of
undertaking
or
recognizance
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(3) Every person who is at large on an
undertaking or recognizance given to or
entered into before a justice or judge and is
bound to comply with a condition of that
undertaking or recognizance directed by a
justice or judge, and every person who is
bound to comply with a direction ordered
under subsection 515(12), and who fails,
without lawful excuse, the proof of which lies
on that person, to comply with that condition
or direction, is guilty of
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2. The portion of subsection 499(1) of the
Act before paragraph (a) is replaced by the
following:
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| Release from
custody by
officer
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499. (1) Where a person who has been
arrested with a warrant by a peace officer is
taken into custody for an offence other than
one listed in section 469 , the officer in charge
may, if the warrant has been endorsed by a
justice under subsection 507(6),
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3. Subsection 503(2) of the Act is replaced
by the following:
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| Conditional
release
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(2) If a peace officer or an officer in charge
is satisfied that a person described in
subsection (1) should be released from
custody conditionally, the officer may, unless
the person is detained in custody for an
offence listed in section 469 , release that
person on the person's giving a promise to
appear or entering into a recognizance in
accordance with paragraphs 498(1)(b) to (d)
and subsection (2.1).
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4. Subsection 507(6) of the Act is replaced
by the following:
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| Endorsement
of warrant by
justice
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(6) A justice who issues a warrant under this
section or section 508 or 512 may, unless the
offence is one listed in section 469 , authorize
the release of the accused pursuant to section
499 by making an endorsement on the warrant
in Form 29.
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5. Subsection 515(1) of the Act is replaced
by the following:
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| Order of
release
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515. (1) Subject to this section, where an
accused who is charged with an offence other
than
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is taken before a justice, the justice shall,
unless a plea of guilty by the accused is
accepted, order, in respect of that offence, that
the accused be released on his giving an
undertaking without conditions, unless the
prosecutor, having been given a reasonable
opportunity to do so, shows cause, in respect
of that offence, why the detention of the
accused in custody is justified or why an order
under any other provision of this section
should be made and where the justice makes
an order under any other provision of this
section, the order shall refer only to the
particular offence for which the accused was
taken before the justice.
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| Cases where
no interim
release
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(1.1) Where an accused is charged with an
offence listed in paragraph (1)(a) or an offence
listed in paragraph (b) where the
circumstances mentioned in that paragraph
applies, no court, judge or justice may release
the accused before or after the accused has
been ordered to stand trial.
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6. Section 522 of the Act is repealed.
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7. Subsection 523(1) of the Act is replaced
by the following:
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| Period for
which
appearance
notice, etc.
continues in
force
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523. (1) Where an accused, in respect of an
offence with which he is charged, has not been
taken into custody or has been released from
custody under or by virtue of any provision of
this Part, the appearance notice, promise to
appear, summons, undertaking or
recognizance issued to, given or entered into
by the accused continues in force, subject to its
terms, and applies in respect of any new
information charging the same offence or an
included offence that was received after the
appearance notice, promise to appear,
summons, undertaking or recognizance was
issued, given or entered into, until his trial is
completed, and where the accused is, at his
trial, determined to be guilty of the offence,
until a sentence within the meaning of section
673 is imposed on the accused unless, at the
time the accused is determined to be guilty, the
court, judge or justice orders that the accused
be taken into custody pending such sentence.
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8. (1) Subsection 524(3) of the Act is
replaced by the following:
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| Hearing
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(3) Where an accused who has been arrested
with a warrant issued under subsection (1), or
who has been arrested under subsection (2), is
taken before a justice, the justice shall hear the
prosecutor and his witnesses, if any, and the
accused and his witnesses, if any.
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(2) Subsection 524(4) of the Act is
repealed.
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(3) Subsection 524(7) of the Act is
repealed.
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(4) The portion of subsection 524(8) of the
Act before paragraph (a) is replaced by the
following:
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| Powers of
justice after
hearing
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(8) Where an accused described in
subsection (3) is taken before the justice and
the justice finds
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(5) Subsection 524(12) of the Act is
replaced by the following:
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| Provisions
applicable to
proceedings
under this
section
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(12) The provisions of sections 517, 518
and 519 apply with such modifications as the
circumstances require in respect of any
proceedings under this section.
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9. Subsection 672.16(3) of the Act is
replaced by the following:
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| Presumption
of custody in
certain
circumstances
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(3) An accused who is charged with an
offence described in any of paragraphs
515(6)(a) to (d) in the circumstances
described in that paragraph shall be detained
in custody pursuant to an assessment order,
unless the accused shows that custody is not
justified under the terms of that paragraph.
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10. Subsection 679(7.1) of the Act is
replaced by the following:
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| Release or
detention
pending new
trial or new
hearing
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(7.1) Where, with respect to any person, the
court of appeal or the Supreme Court of
Canada orders a new trial, section 515 applies
to the release or detention of that person
pending the new trial or new hearing as though
that person were charged with the offence for
the first time, except that the powers of a
justice under section 515 are exercised by a
judge of the court of appeal.
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11. The portion of subsection 680(1) of the
Act before paragraph (a) is replaced by the
following:
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| Review by
court of
appeal
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680. (1) A decision made by a judge under
subsection 524(4) or (5) or a decision made by
a judge of the court of appeal under section
261 or 679 may, on the direction of the chief
justice or acting chief justice of the court of
appeal, be reviewed by that court and that
court may, if it does not confirm the decision,
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12. The portion of subsection 145(3) of
the Criminal Code before paragraph (a)
cited in Form 12 of the Act is replaced by the
following:
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(3) Every person who is at large on an
undertaking or recognizance given to or
entered into before a justice or judge and is
bound to comply with a condition of that
undertaking or recognizance directed by a
justice or judge, and every person who is
bound to comply with a direction ordered
under subsection 515(12), and who fails,
without lawful excuse, the proof of which lies
on that person, to comply with that condition
or direction, is guilty of
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13. The paragraph of Form 29 of the Act
is replaced by the following:
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Whereas this warrant is issued under section
507, 508 or 512 of the Criminal Code in
respect of an offence other than an offence
listed in section 469 of the Criminal Code, I
hereby authorize the release of the accused
pursuant to section 499 of that Act.
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